GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) Each Guarantor hereby consents and agrees that any Holder or Holders from time to time, with or without any further notice to or assent from any other Guarantor may, without in any manner affecting the liability of any Guarantor under this Guaranty, and upon such terms and conditions as any such Holder or Holders may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) The Guarantor hereby consents and agrees that any Holder or Holders from time to time may, without in any manner affecting the liability of the Guarantor under this Guaranty, and upon such terms and conditions as any such Holder or Holders may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) Each Guarantor hereby consents and agrees that the Administrative Agent and/or any Secured Party from time to time, with or without any further notice to or assent from any other Guarantor may, without in any manner affecting the liability of any Guarantor under this Guaranty, and upon such terms and conditions as the Administrative Agent or such Secured Party may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) Each and every default in any payment or performance of any obligation of the Lessee under any Loan Document to which the Lessee is a party shall give rise to a separate claim and cause of action hereunder to the extent that each such default by the Lessee would give rise to a separate claim or cause of action under the applicable Loan Document, and separate claims or suits may be made and brought, as the case may be, hereunder as each such default occurs.
GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) Each Guarantor hereby consents and agrees that the Administrative Agent and/or any Lender from time to time, with or without any further notice to or assent from any other Guarantor may, without in any manner affecting the liability of any Guarantor under this Guaranty, and upon such terms and conditions as the Administrative Agent or such Lender may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) Each Subsidiary Guarantor hereby consents and agrees that any Holder or Holders from time to time, with or without any further notice to or assent from any other Subsidiary Guarantor may, without in any manner affecting the liability of any Subsidiary Guarantor under this Guaranty, and upon such terms and conditions as any such Holder or Holders may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. Each and every Event of Default under the Agreements shall give rise to a separate claim and cause of action hereunder, and separate claims or suits may be made and brought, as the case may be, hereunder as each such default occurs. The obligations hereunder are independent of the obligations of the Company to pay the principal of and premium, if any, and interest on the Notes, and a separate action or actions may be brought and prosecuted against the Guarantor whether such action is brought and prosecuted against the Company or any other guarantor, or whether the Company is joined in any such action or actions. The obligations of the Guarantor hereunder shall be reinstated and revived, and the rights of the Noteholders shall continue, with respect to any amount at any time paid on account of the obligations guaranteed hereby, which shall thereafter be required to be restored or returned by the Noteholders upon the bankruptcy, insolvency or reorganization of the Company, or otherwise, all as though such amount had not been paid.
GENERAL PROVISIONS RELATING TO THE GUARANTY. 6 SECTION 5. Representations and Warranties of the Guarantors 11 SECTION 6. Amendments, Waivers and Consents 12 SECTION 7. Notices 13 SECTION 8. Miscellaneous 14 Exhibit A — Guaranty Supplement Subsidiary Guaranty Agreement Re: $25,000,000 3.88% Series 2019A Guaranteed Senior Notes due July 16, 2029 $75,000,000 4.03% Series 2019B Guaranteed Senior Notes due July 16, 2034 of Xxxxxxx Industrial Realty, L.P. This Subsidiary Guaranty Agreement dated as of __________ __, 20__ (this “Guaranty”) is entered into on a joint and several basis by each of the undersigned, together with any entity which may become a party hereto by execution and delivery of a Guaranty Supplement in substantially the form set forth as Exhibit A hereto (a “Guaranty Supplement”) (which parties are hereinafter referred to individually as a “Guarantor” and collectively as the “Guarantors”).
GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) The Guarantor hereby consents and agrees that any Note Holder or Note Holders may from time to time, with or without any further notice to or assent from the Guarantor and without in any manner affecting the liability of the Guarantor under this Guaranty, and upon such terms and conditions as any such Note Holder or Note Holders may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) The Subsidiary Guarantor hereby consents and agrees that any Noteholder or Noteholders from time to time, with or without any further notice to or assent from the Subsidiary Guarantor, may, without in any manner affecting the liability of the Subsidiary Guarantor under this Guaranty, upon such terms and conditions as any such Noteholder may deem advisable: (1) extend in whole or in part (by renewal or otherwise), modify, change, compromise, release or extend the duration of the time for the performance or payment of any indebtedness, liability or obligation of the Issuer, the Parent Guarantor or any other person secondarily or otherwise liable for any indebtedness, liability or obligations of the Issuer on the Notes, or waive any default with respect thereto, or waive, modify, amend or change any provision of any other instruments and this Guaranty; or (2) sell, release, surrender, modify, impair, exchange or substitute any and all property, of any nature and from whomsoever received, held by, or for the benefit of, any such Noteholder as direct or indirect security for the payment or performance of any indebtedness, liability or obligation of the Issuer, the Parent Guarantor or any other person secondarily or otherwise liable for any indebtedness, liability or obligation of the Issuer on the Notes; or (3) settle, adjust or compromise any claim of the Issuer against any other person secondarily or otherwise liable for any indebtedness, liability or obligation of the Issuer on the Notes. The Subsidiary Guarantor hereby ratifies and confirms any such extension, renewal, change, sale, release, waiver, surrender, exchange, modification, amendment, impairment, substitution, settlement, adjustment or compromise and that the same shall be binding upon it, and hereby waives, to the fullest extent permitted by law, any and all defenses, counterclaims or offsets which it might or could have by reason thereof, it being understood that the Subsidiary Guarantor shall at all times be bound by this Guaranty and remain liable hereunder.
